H1b to H4 and then H4 to H1b after PERM/i140 approval questions

[hariharancam]

Hi,

My H1b expires on December 10, 2013 where am still employed and filed my PERM only September 1st week. So the chances are very less that my PERM/i140 will get cleared before dec 10 for me to extend my H1b. So I have the below two options, and I would prefer Option 1. I would like to know if that works without any problem... Please suggest.

Option 1: Move to H4 during November last week while am in USA itself, so i will still have couple of H1b time left for future use.
Option 2: Go to India and move to H4 and get it stamped and come back to USA on H4.

I would prefer Option 1 to do the change of status from H1 to H4 while am in US. But let's say I file a change of status on H4, when will it get effective? The day I filed my H4, can i quit my job and consider that am on H4?
OR
should i wait until it gets approved? What if it's past my H1b? What status will i be in?

Objective is, I want to have 2 to 3 weeks of my H1b left, so my PERM/i140 will still be in process, and as soon as it gets cleared I can file my H1b extension and do change of status of H4 to H1 without any issues.

Thanks in advance!

[hariharancam]

H1b to H4 and then H4 to H1b after PERM/i140 approval questions

Seriously? No replies?

[hariharancam]

H1b to H4 and then H4 to H1b after PERM/i140 approval questions

Helloo

[raghvi]

Helloo

Either option should be fine. Option 1 would save a trip for you. You can do H1 to H4 as e-file and stop working from that day onward..

Yes you are right in keeping few weeks of H1 remaining in order to move to H1 and extend once I140 is approved.

This is my opinion not legal advice.

[Anupam Sengar]

Hi

Hi Hariharan,

I am in a similar situation, can you let me know which option you chose.

Thanks,

Anupam